On September 23, 2021, the Advocate General Rantos issued his Opinion [3] in the Cases C-128/20 GSMB Invest, C-134/20 Volkswagen, and C-145/20 Porsche Inter Auto and Volkswagen before the Court of Justice of the European Union. According to a press release [4] from the Court, the cases deal with purchasing of motor vehicles containing software that limits nitrogen oxide emission reductions. The Court was asked to rule on whether such software is a “defeat device” (see art. 3(10) of Regulation 715/2007/EC [5]), and whether exceptions to the prohibition of defeat devices apply in the present cases. As per the Article 5 of the Regulation 715/2007/EC, unless there is an exception, the use of defeat devices that reduce the effectiveness of emission control systems is prohibited. Advocate General Rantos found that the software at issue is a “defeat device,” and the software cannot enjoy the exceptions to the prohibition of defeat devices.